ASDWA Submits Comments on EPA’s Proposed Hazardous Substance Worst Case Discharge Planning Rule

On July 13, ASDWA submitted comments to EPA on the Clean Water Act (CWA) Hazardous Substance Worst Case Discharge Planning Proposed Rule. ASDWA’s comments recommend that EPA expand the regulatory requirements in the proposed rule for chemical storage facility response plans (FRPs) and training to include additional drinking water considerations and coordination for spills and releases during extreme weather events. The letter provides recommendations for EPA to:

  • Expand the initial screening and substantial harm criteria to include all chemical facilities that are in both surface water and ground water source water protection areas and that have had previous spills regardless of the hazardous substance threshold quantity, and add criteria for climate and environmental justice community risks.
  • Require facilities to provide water systems with emergency contact information and access to data and information about all onsite substances, that goes beyond the America’s Water Infrastructure Act (AWIA) Section 2018 requirements for water system access to EPCRA Tier II chemical inventory data.
  • Require facility response plans to be reviewed and, if necessary, updated every five years and ensure coordination with water systems, who have similar requirements for emergency response plans under AWIA Section 2013.
  • Provide guidance for and help facilitate coordination of existing and planned workshops and training opportunities between chemical facilities and water systems.
  • Develop future spill prevention regulations to require facilities to implement inherently safer practices related to above ground tank and hazardous substance storage, spill-prevention, and onsite spill response.

For more information, read the ASDWA letter to EPA here.